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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-26-2004, 05:43 AM
Junior Member
 
Join Date: Jan 2004
Location: Minnesota
Posts: 23

17 Year Old And What Rights?


Minnesota

My 17 year old daughter recieved a court summons in the mail this weekend for "aid and abetting" theft. She flat out denies anything remotely related to the summons and has no clue what it could be about. The original ticket was written by one officer, for another officer (BR38 for LT27)?? The date in question was a school night so I am pretty sure she was at home with us. The address of the offense is of an old "guy" friend and his mother. I have asked my daughter a bunch of times if she is sure she did nothing wrong, only to bring her to tears because she feels I don't believe her. It is our intent to appear in court and plead innocent to the charge, simply because we have no clue as to what the whole thing is about. First of all, how can one officer write a ticket for another officer? Secondly, does a 17 year old need to be read their rights? Lastly, how can they write her up when she was never there??

Any help or advice would be appreciated.

Thank you,

Tox
  #2  
Old 04-26-2004, 06:18 AM
krispenstpeter
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Her rights are to appear in court to answer the charges, hire an attorney to defend her and to prove her innocence.

Any other 'rights' do not exist. You make the same mistake that others who watch too many police dramas on TV make. Her 'rights' are only required to be read upon arrest AND interrogation.
  #3  
Old 05-01-2004, 01:12 AM
NorthDA
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Juvenile Aiding & Abetting Theft


Tox-

Krispens response is absolutely correct. Although, I write to help clarify it.

Your first question is "how can one officer write a ticket for another officer?" The answer is that any officer, or even a prosecutor (days later and miles away), can charge your daughter with a crime if they have probable cause to do so.

Your second question is "does a 17 year old need to be read their rights?" No. Nobody in the United States has the RIGHT to have the Miranda Warning read to them. The only time the police do it is when they decide to question a suspect. Then, if they plan on using what the suspect says during that questioning, do they preface it with a Miranda Warning.

Your third question is "Lastly, how can they write her up when she was never there??" Only your daughter knows whether she was there or not. If she insists that she had no part in this, demand a trial. See if any witnesses identify her. As a parent myself, I wish you the best of luck in this matter.
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